62
Case
Date of
adoption
Nationality of
complainant
and country of
removal if
applicable
Article of
Covenant
violated
Interim
measures
granted and
State party’s
response
Remedy
No. 63/1997
Arana v.
France
(cont’d)
No. 88/1997
Avedes
Hamayak
Korban v.
Sweden
16 Nov.
1998
Iraqi to Iraq
3
Granted and
acceded to by
the State party
No. 89/1997
Ali
Falakaflaki v.
Sweden
No. 91/1997
A. v. The
Netherlands
8 May
1998
Iranian to Iran
3
Granted and
acceded to by
the State party
13 Nov.
1998
Tunisian to
Tunisia
3
Granted and
acceded to by
the State party
The State party has an
obligation to refrain from
forcibly returning the
complainant to Iraq. It also
has an obligation to refrain
from forcibly returning the
complainant to Jordan, in
view of the risk he would
run of being expelled from
that country to Iraq.
The State party has an
obligation to refrain from
forcibly returning
Ali Falakaflaki to Iran.
The State party has an
obligation to refrain from
forcibly returning the
complainant to Tunisia or to
Follow-up
a deportation decision to be
suspended are more flexible
than previously: that the
urgency of the situation
justifies such a suspension and
that there is a serious doubt as
to the legality of the decision.
Thus, there is no longer any
necessity of proving that the
consequences of the decision
would be difficult to repair.
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